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RULE 15-305. TO WHOM WRIT DIRECTED--BEFORE WHOM RETURNABLE

West's Annotated Code of MarylandMaryland Rules

West's Annotated Code of Maryland
Maryland Rules
Title 15. Other Special Proceedings
Chapter 300. Habeas Corpus (Refs & Annos)
MD Rules, Rule 15-305
RULE 15-305. TO WHOM WRIT DIRECTED--BEFORE WHOM RETURNABLE
A writ of habeas corpus shall be directed to the person having custody of the individual confined or restrained. The writ shall be returnable before the judge granting it or, in the discretion of that judge, before some other judge designated in the writ except that without the written consent of the individual confined or restrained, the judge designated in the writ shall not be a judge who sat at the proceeding as a result of which the individual was confined or restrained. In exercising the discretion granted by this Rule, the judge granting the writ shall consider the interests and convenience of the parties and the State.
Source: This Rule is derived from former Rule Z45.

Credits

[Adopted June 5, 1996, eff. Jan. 1, 1997.]
MD Rules, Rule 15-305, MD R SPEC P Rule 15-305
Current with amendments received through February 1, 2024. Some sections may be more current, see credits for details.
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